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Full text of "Constitution and canons, Missionary District of Asheville, approved by House of Bishops in general convention, 1919"




wrwayiw nH inwi iiiMHBU iii t BuguwinB ti in tmnn iam! mi 



Constitution anfc Canons 



fllMsstonar^ District 

of 

Hsbevtlie 



Hpproveo bp. Mouse of Bisbops 
in General Convention 

1919 



r 



Constitution of tbe Protestant Episcopal Cburcb 

IN THE 

/HMssionars District of Uebcviilc 

Bbopteb September 10, 1899 
Bs Subsequently Bmenbeb anb approved bp. tbe House ot JStsbopa 



ARTICLE I. 

THE DISTRICT. . 

The Missionary District of Asheville embraces territorially the counties 
of Alleghany, Wilkes, Alexander, Catawba, Lincoln, and Gaston, in the 
State of North Carolina and all that portion of the State lying west there- 
of ; and, as a constituent part of the Protestant Episcopal Church in the 
United States of America, it accedes to and adopts the Constitution and 
Canons of that Church, and acknowledges their authority accordingly. 

ARTICLE II. 

THE CONVENTION. 

The Convention of the District consists as follows : 

(a) Of the Bishop of the District, when there is one. 

(b) Of every clergyman, not under discipline, who shall have been for 
six months, next preceding the Convention, canonically resident in the 
District, and in charge of, or employed as assistant minister in, any Parish 
in canonical union with the District, or employed as a missionary under 
the Ecclesiastical Authority of the District, or regularly engaged as In- 
structor in any Parochial or Mission school of the District, or regularly 
engaged as instructor in any Church Institution, upon the Board of Trus- 
tees of which the District is represented, or who, having been engaged in 
the discharge of any of the foregoing duties, shall have been disabled from 
continuing in the same by reason of advanced years or infirm health. 

(c) Of any officers of the District, who may be constituted ex-officio 
members of the Convention by constitutional or canonical provision. 

(d) Of lay delegates from the Parishes in canonical union with the 
District, and from the organized Missions in the District. 

Each of the said Parishes shall be entitled to three delegates in the Con- 
vention, and each of said Missions shall be entitled to one delegate in the 
Convention. 

The lay delegates shall be communicants in the Parish or Mission, which 
they represent, and they shall be chosen in such manner as may be pre- 
scribed by Canon. 



4 CONSTITUTION AND CANONS 

ARTICLE III. 

ANNUAL AND SPECIAL CONVENTIONS 

The Convention shall meet annually at such time and place as may 
have been determined by the next preceding Convention, or in case of no 
such determination, on the Second Wednesday in February, at such place 
as may have been designated by the Ecclesiastical Authority of the District, 
but the time or place of such meeting may be changed, or Special Conven- 
tions may be called by the Eccleastical Autthority of the District, subject 
to such provision as may be prescribed by Canon. 

Printed notice of the meeting of the Convention shall be mailed at least 
thirty days before the time appointed, to every clergyman canonically res- 
ident in the District and to the Clerk of the Vestry of each Parish in can- 
onical union with the District, and to the Clerk of each Mission in the 
District. 

In case of a special Convention, the notice shall specify the purpose for 
which the same is called, and no business not strictly pertaining to that pur- 
pose shall be transacted by said Convention. 

ARTICLE IV. 

RELIGIOUS SERVICES OF THE CONVENTION. 

The Eccleastical Authority shall appoint and order the opening ser- 
vice, and all other religious services of the Convention, subject, in the ab- 
sence of the Bishop, to modification by the Convention itself. 

ARTICLE V. 

The Bishop of the District shall have a seat and vote in the Convention, 
and shall be its presiding officer. 

If the Bishop of the District be not in attendance upon the Convention, 
a President pro tempore shall be elected from among the clerical members 
of the Convention. 

ARTICLE VI. 

CONVENTION QUORUM. 

The presence of one-half of all the clergy entitled to seats in the Con- 
vention, and of a reprsntation from one-third of all the Parishes entitled 
to be represented in the Convention, shall be necessary to constitute a 
quorum for the transaction of business, provided, however, that any less 
number shall have power to meet, to receive reports, and to adjourn. 

ARTICLE VII. 
The Convention shall elect annually, a Secretary, a Treasurer, and one 
member of a Board of five Trustees of the District to serve for five years. 
It shall elect triennially, a Registrar of the District, one clerical and one lay 



CONSTITUTION AND CANONS 5 

delegate to the General Convention, with one provisional clerical and one 
provisional lay delegate to the same, and an Ecclesiastical Court to consist 
of five Presbyters of the District. 

The foregoing officers shall respectively perform the duties which, by 
canon or general usage, may be prescribed for them; and each shall con- 
tinue in office until his successor is chosen ; and any vacancies among the 
foregoing officers, arising during the recess of the Convention, may be filled 
by appointment of the Ecclesiastical Authority of the District. Vacancies 
continuing until the time of an Annual Convention shall be filled by the 
same. 

ARTICLE VIII. 

MODE OF VOTING AND ELECTIONS. 

The Clergy and lay delegates shall deliberate in one body, and vote as 
such in all elections. All elections shall be by ballot. 

A vote by orders upon the decision of any question may be called for 
by five members; and in such case the concurrence of a majority of the 
votes in each order shall be necessary for an affirmative vote. In a vote by 
orders, each Parish represnted in the Convention shall be entitled to but 
one vote, and a Mission in such case has no vote. 

ARTICLE IX. 

ELECTION TO THE EPISCOPATE. 

The election of a Bishop shall be made in an Annual Convention, or in 
a Special Convention called for that purpose at least sixty days before the 
time appointed, the object being stated by notice in writing, and sent to 
every clergyman and vestry of the District. 

The election shall be by orders, and the concurrence of a majority of 
both orders present and voting shall be necessary to determine the choice. 

ARTICLE X. 

THE CHANCELLOR. 

The Bishop, with the approval of the Council of Advice, may appoint a 
person, learned in the law, Chancellor of the District, to advise regarding 
any question of law which may arise in the administration of District af- 
fairs, who shall be entitled ex-officio to a seat and vote in all Conventions, 
except when the vote is by orders. The Chancellor must be a communi- 
cant and resident in the District, and shall continue in office till death, or 
resignation, or revocation of appointment by the Bishop. 

ARTICLE XI. 

SUSPENSION OF PARISHES OR MISSIONS. 

Any Parish or Mission may be suspended from the right of lay rep- 
resentation in the Convention by a vote of two-thirds of each order, when- 



6 CONSTITUTION AND CANONS 

ever the same shall be deemed conducive to the interests of the Church ; or 
its connection with the District may be wholly dissolved by canonical pro- 
cess. 

ARTICLE XII. 

AMENDMENT OF CONSTITUTION. 

The mode of altering this Constitution shall be as follows : 
Every proposition for amendment shall be made in writing, and being 
read, shall be referred to the Committee on Canons, which shall report the 
same to the next Annual Convention, with their recommendation, and if 
two-thirds of the two orders voting separately shall then approve of said 
proposition, either in its original form, or in the form recommended by 
said Committee, and if the Bishop of the District approve, the proposed 
amendment shall then be submitted to the House of Bishops, and upon the 
approval of the House of Bishops, the Constitution shall be changed ac- 
cordingly. 

CANONS AS AMENDED AND APPROVED BY THE HOUSE OF 
BISHOPS, iqiq. 

CANON I. 

OF THE LIST OF MINISTERS. 

Section i. Within one week before the meeting of every Convention 
of this District, the Bishop shall cause to be prepared a list of the Minis- 
ters canonically resident in the District, annexing the names of their re- 
spective cures, or parishes, or stations as Missionaries, or of the institutions 
of learning in which they are engaged; and in regard to such as are not 
engaged in parishes, or missions, or institutions of learning as above, their 
places of residence only, specifying, at the same time, who of any class are 
Deacons ; but no Clergyman, while suspended from the Ministry, shall have 
a place on such list ; and the list shall be laid before the Convention im- 
mediately after it shall have been called to order, and the names of the 
Clerical members called therefrom. The same shall be appended to the 
Journal, and sent to the Secretary of the General Convention. 

Sec. 2. When the right of any Clergyman to a seat in the Convention 
is disputed, it shall be determined according to the provisions of the second 
article of the Constitution, by the Convention itself, whether his name be 
inserted in the list aforesaid or be omitted. 

CANON II. 

OF ATTENDANCE ON CONVENTION. 

It shall be the duty of all Clergymen entitled to seats in the Convention 
to attend the same, and of each Parish in union with the Convention to 
send one or more Lay Delegates to the Convention, not exceeding three, 
elected by the Vestry, at least ten days before the meeting of any Conven- 
tion from among the male communicants of said Parish, and of each or- 



CONSTITUTION AND CANONS 7 

ganized Mission to send one delegate appointed by the Minister-in-charge 
from among the male communicants of the Mission, and the Clerk of the 
Parish or Mission shall, at least five days before the meeting of any Con- 
vention, send to the Secretary of the Convention, for delegates elected or 
appointed as aforesaid, a certificate as follows : 

"This is to certify that N. N., communicants in good standing 
"of Church or Mission were duly appointed Lay Del- 
egates to represent the same in the Convention of the Protestant Episco- 
pal Church in the District of Asheville, to be held on the day of 

" , in the year of our Lord ; and that the semi-annual 

"dues to the Contingent Fund of the District are either fully paid, or ap- 
plication has been made for relief in accordance with the Canon." 

This certificate shall be signed by the Rector or Minister-in-charge, and 
Clerk. The Secretary of the Convention shall make a list of the names of 
Delegates thus certified to him, to be used by him at the organization of 
the Convention. 

CANON III. 

OF THE SECRETARY. 

It shall be the duty of the Secretary to take minutes and record all pro- 
ceedings of the Convention ; to attest its public acts, preserve its records, 
notify the Parishes of the times and places of meeting of all stated and 
special Conventions, giving thirty days' notice, and faithfully to deliver to 
his successor all books and papers belonging to the Convention which may 
be in his charge. In giving notice of the meeting of the Annual Conven- 
tion, he shall send a form of parochial report, and of certificate by which 
the appointment of Lay Delegates is to be certified. If the Parish or Mis- 
sion be vacant, this notice shall be sent to the Clerk. 

CANON IV. 

OF THE TREASURER. 

Section i. It shall be the duty of the Treasurer to receive and disburse 
all money collected under the authority of the Convention, of which the 
collection and disbursement shall not otherwise be regulated, and semi- 
annually to notify the Treasurer of each Parish and Mission of the amount 
of its dues, and when to be paid, giving twenty days' notice. His accounts, 
properly audited, shall be rendered annually to the Convention, and shall 
be examined by the Committee on Finance. In case of a vacancy, the 
Bishop shall appoint a Treasurer for the unexpired term. 

"Sec. 2. The Treasurer of the District shall cx-officio be entitled to a 
seat in the Convention, and to a voice in the discussion of all financial 
questions. He shall be ex-officio a member and Secretary of the Commit- 
tee on Finance. 

Sec. 3. The salary of the Treasurer of the District shall be ($200) two 
hundred dollars per annum, and he shall act as Treasurer of the Board of 
Trustees of the District, if the Board so elects. 



8 CONSTITUTION AND CANONS 

Sec. 4. Before entering upon the discharge of his duties, the Treasurer 
shall fde with the Trustees of the District a bond, executed to them on be- 
half of the District by some reliable guarantee company, in the sum of five 
thousand dollars, for the faithful performance of duty, the cost of which 
bond shall be paid by the District ; and all moneys, under the charge of the 
Treasurer, belonging to the District, shall be kept on deposit, in the name 
of the District, subject to the order of the Treasurer of the District, with 
such banking institution as may be approved by the Trustees of the Dis- 
trict. 

CANON V. 

OF THE REGISTRAR. 

It shall be the duty of the Registrar to gather and preserve all such 
journals, files, papers, reports, catalogues, and other documents as may be 
useful for reference, or furnish materials for the history of the Church in 
the District of Asheville, and to hold the same under such regulations and 
restrictions as the Convention may from time to time prescribe. 

CANON VI. 

OF THE TRUSTEES. 

Section i. A Board of five Trustees of the District, to hold office five 
years, shall be elected by the Convention, who shall hold all property of 
the Missions of the District, and of such Parishes as desire to have their 
property held in trust by the Board, and who shall have the care of funds, 
such as those derived from extinct Parishes, and who shall have care of 
funds for the support of the Episcopate, and of all such as may by gift or 
devise for any special purpose become the property of the District. 

Sec. 2. At the first election of Trustees of the District under this Canon, 
the whole number shall be chosen; but the term of one (to be designated 
by the Board) shall expire each year, so that every year after the first, one 
Trustee shall be elected, and vacancies shall be filled for unexpired terms. 

Sec. 3. The Board of Trustees shall elect a Treasurer, who shall per- 
form the duties usually pertaining to that office. Before entering upon the 
discharge of his duties, said Treasurer shall file with the Trustees a satis- 
factory bond, executed to them on behalf of the District by some reliable 
guarantee company, in the sum of five thousand dollars, for the faithful 
performance of duty, the cost of which bond shall be paid by the District. 
Said Treasurer shall ex-officio be entitled to a seat in all District Conven- 
tions, and to a voice in the discussion of all financial questions, and he 
shall be ex-officio a member of the Finance Committee. The Board of 
Trustees shall also appoint a Secretary, who, if not a member of the Board, 
shall have a seat, but not a vote, at its meetings. , 

Sec. 4. The Bishop shall be ex-officio a member of the Board of Trus- 
tees, and, if present, shall preside at all meetings of the Board. The 
Bishop or any two trustees may call meetings of the Board. 



CONSTITUTION AND CANONS 9 

CANON VII. 

OF THE COUNCIL OF ADVICE. 

Section i. A Council of Advice, who shall perform the duties of a 
Standing Committee for the District, shall be annually appointed by the 
Bishop in accordance with Canon 14, § IV [ii] of the General Convention. 

Sec. 2. Any three of the Council, the whole being summoned, provided 
one be a Presbyter, shall be a quorum for the transaction of business, 
when convened at the request of the Bishop. At all other meetings a ma- 
jority of the members shall be necessary to a quorum. It shall be the duty 
of the Secretary of the Council to keep a faithful record of the proceed- 
ings in a book provided for the purpose; to preserve the original of all 
papers or letters addressed to the Council ; to attest their acts, and to de- 
liver to his successor all books and papers which in virtue of his office 
have been committed to him. The minutes of the Council, and all other 
papers in their hands relative to the Church, shall be subject to examina- 
tion by the Bishop, or by the Convention. A report of the acts of the 
Council shall be made annually to the Convention. 

CANON VIII. 

OF DELEGATES TO THE GENERAL CONVENTION. 

Section i. The Convention shall, at each regular annual meeting next 
preceding a stated meeting of the General Convention, elect one Clergyman 
and one Layman, to act as Delegates from this District to the General Con- 
vention. It shall also elect one Clergyman and one Layman, as Provisional 
Delegates, which Delegates and Provisional Delegates shall represent the 
District until their successors are elected, and shall represent the District 
in any General Convention, which may be held during their continuance in 
office. 

Sec. 2. It shall be the duty of the Delegates-elect to signify to the 
Bishop, at least ten days before the meeting of the General Convention, 
their acceptance of the appointment, and their intention to perform its du- 
ties, and in case the Delegates or Provisional Delegates cannot represent 
the District in the General Convention, the Bishop shall appoint one or 
more as the case may be, to supply any deficiency in the representation of 
this District, which may in any way occur. And the person or persons so 
appointed by the Bishop, being furnished with his certificate thereof, shall 
have all the power and authority of Delegates duly elected by the Conven- 
tion. 

CANON IX. 

OF THE DISTRICT CONTINGENT FUND. 

Section i. At each Annual Convention an assessment shall be made 
upon the several Parishes and Missions in the District, according to the 
several abilities of the Parishes and Missions, of an amount sufficient to 



io CONSTITUTION AND CANONS 

satisfy the pecuniary obligations of the Convention, embracing all contin- 
gent expenses. 

Sec. 2. It shall be the duty of the Vestry of each Parish, and of the of- 
ficers of each Mission, to provide for the collection and payment of such 
sums as shall be assessed by the Convention as aforesaid; and the same 
shall be transmitted in semi-annual installments to the Treasurer of the 
District. 

Sec. 3. It shall be the duty of each corporation in union with the Con- 
vention and of each organized Mission, to render, at such time and in such 
manner as may be required by the Convention, a true and faithful account 
of the real estate and other property owned by said Parish or Mission, 
with its fairly estimated value, and also a statement of any lien or encum- 
brance on the same, or any part thereof, and the amount of interest paid 
in consequence of such lien or encumbrance. And further, it shall be the 
duty of each Parish, or Mission, to declare the full amount of the current 
expenditure of the Parish or Mission, and of all money expended for the 
same, in any way accruing including salaries and all other expenses. 

S53. 4. There shall be a Finance Committee to consider and advise re- 
garding the finances of the District, consisting of three laymen, appointed 
annually by the Bishop, of which committee the Bishop shall be ex-officio 
a member, and if present shall preside at meetings of the committee. .The 
Treasurer of the District, and the Treasurer of the Board of Trustees shall 
be ex-officio members of the Finance Committee. 

Sec. 5. The Finance Committee shall hold such meetings as may be 
found necessary, one of which shall be within the forty days immediately 
preceding the next regular Convention, at which meeting a statement shall 
be prepared, setting forth the financial condition of the District, and esti- 
mates for the ensuing year, a copy of which shall be sent to each Minister 
and Parochial Treasurer and Mission Treasurer of the District. The Com- 
mittee on Finance is hereby empowered and directed to base assessments 
on some fixed and uniform plan; and the assessments shall be payable, one- 
half August 1, and the other half February 1. 

Applications for modification or remission of arrearages in the Conti- 
gent Fund shall be in writing, directed "To the Finance Committee," and 
shall contain a statement of the number of collections taken in the Parish 
or Mission during the preceding year for District purposes, and the results, 
and the grounds upon which relief is asked, and the reasons for the failure 
to make the regular collections, in case they have been omitted. 

Sec. 6. The Contingent expenses of the District shall include the fol- 
lowing items : 

1. Publishing the Journal of the Convention, and such other docu- 
ments as may be ordered by the Convention. 

2. The salary of the Secretary of the District. 

3. The salary of the Treasurer of the District. 



CONSTITUTION AND CONONS n 

4. The sum of $100 for the expenses of the Gerical Delegate to the 
General Convention in attending the same. 

5. The necessary expenses of members of the Ecclesiastical Court in 
attendance upon Ecclesiastical trials. 

6. The necessary expenses of Examining Chaplains for their work. 

7. The necessary expenses of the Trustees of the District for their 
work. 

8. The necessary expenses of the members of the Council of Advice 
for their work. 

9. The necessary expenses of the Secretary of the District for his 
work. 

10. The necessary expenses of the Registrar of the District for his 
work. 

11. Such other expenses as may be authorized by the Convention. 

CANON X. 

OF NEW PARISHES. 

Section i. In order to the formation of a new Parish, the written con- 
sent of the Ecclesiastical Authority of the District must first be obtained, 
and such consent shall not be granted until evidence is given of the ability 
of the Parish, after organization, to pay a salary of at least $700 per an- 
num to a Rector. 

Sec. 2. For the organization of a Parish, the following Article of As- 
sociation must be signed by at least twenty persons who intend to be sup- 
porters of the Parish : "We, the undersigned, do associate ourselves to- 
gether for the purpose of maintaining the worship of God, and the preach- 
ing of the Gospel, according to the doctrine, discipline, and worship of the 
Protestant Episcopal Church in the United States of America, under the 

name of the Parish of Church, in the town and 

county of , and State of North Carolina, and promise con- 
formity to the Constitution and Canon of the General Convention and of 
the District of Asheville." 

Sec. 3. After twenty persons have signed the Article of Association, a 
meeting of the same may be called on ten days' notice. At this meeting 
Vestrymen shall be elected, a name for the Parish adopted, and such other 
steps taken as are necessary for the incorporation of the Parish under the 
laws of the State. The minutes of the meeting shall be recorded in a book 
to be kept as a record of the proceedings of the Vestry and Parish meet- 
ings, in which shall be recorded the Article of Association. 

Sec. 4. A certified copy of the Article of Association, and a copy of the 
minutes of the meeting for organizing the Parish, shall be sent to the 
Bishop without delay, together with notice that the Parish will apply for 
admission into union with the Convention. At a subsequent Convention 



12 CONSTITUTION AND CANONS 

this application shall be made, and for this purpose certified copies of the 
aforesaid papers shall be presented. 

Sec. 5. Any Parish which shall deem its rights encroached upon, or its 
prosperity, or usefulness endangered by the proposed location in its vicinity 
of a Church or Chapel of another Parish, may present the matter of the 
threatened intrusion to the Bishop of the District, and ask his fatherly in- 
terposition in its behalf. In such case the Bishop may call for, and appoint 
the time and place of, a conference of delegates from the Parishes in inter- 
est. But, if such conference, with the godly advice of the Bishop, shall not 
result in an amicable adjustment of the difference between the parties 
thereto, the Bishop, or either party in the conflict, may lay the matter at 
issue before the Council of Advice of the District, and the decision of the 
Council of Advice, with the approval of the Bishop, shall be final. 

CANON XI. 

OF THE VESTRY. 

Section i. In every Parish in the District, annually, on the second Mon- 
day in January, at an hour of which public notice shall have been given, 
after prayer, there shall be held a Parish Meeting for the election of a 
Vestry to consist of not fewer than five nor more than ten members, who 
shall continue in office until their successors are chosen. The Rector of the 
Parish, if present, shall preside at Parish Meetings. In his absence, the 
order of priority for the presiding officer shall be ex-officio : 

1. The Senior Warden. 

2. The Junior Warden. 

3. The Secretary of the Vestry. 

Should none of the foregoing officers be present, the Parish Meeting 
may elect any one of its members to preside. 

Sec. 2. Should fewer than eighteen persons qualified to vote for Ves- 
trymen attend the Parish Meeting, and should the Rector and one Warden, 
or the presiding officer and one-sixth of those present, concur in believing 
that the best interest of the Parish demands the postponement of an election, 
then such presiding officer shall declare the election postponed, and the Par- 
ish Meeting shall adjourn to a designated day and hour, not fewer than 
seven nor more than fourteen days after said second Monday in January ; 
and public notice having been given of such adjourned meeting, it shall 
possess the powers and be subject to the rules of a regular Parish Meeting. 
^ Sec. 3. With the consent of the Bishop and Council of Advice of the 
District, Parishes, which cannot hold a Parish Meeting at the time specified 
in Sec. 1 of this Canon, may hold their Annual Parish Meeting for the elec- 
tion of a Vestry at a more convenient time of the year. Public notice of 
the time and place of such meeting must be given at least fourteen days 
before the meeting is to be held. 



CONSTITUTION AND CANONS 13 

Sec. 4. The Vestry shall, upon nomination of the Rector, elect two of 
its members, one as Senior Warden and -the other as Junior Warden. 

Sec. 5. The Vestry shall elect a Secretary, whose duty it shall be to take 
and record the minutes of their proceedings, attest the public acts of the 
Vestry, preserve all records and papers belonging to the Parish, not other- 
wise provided for, perform such other duties as shall be legally assigned to 
him, and faithfully deliver to his successor all books and documents in his 
possession belonging to the Parish. 

Sec. 6. A Treasurer shall also be elected, to receive, disburse and ac- 
count for the funds of the Parish. 

Sec. 7. In electing a Vestry, no person shall be allowed to vote who is 
not at the time of such voting an adherent of the Protestant Episcopal 
Church and at least twenty-one years of age, and who has not for at least 
six months immediately preceding such election rented a pew, or portion 
of a pew, or by a subscription or otherwise contributed regularly to the 
support of the Parish ; nor shall any person vote in a Parish who is not a 
bona fide member of the same. 

Sec. 8. To be eligible as a Vestryman, one must be a layman, and to be 
a Warden, one must be a communicant. 

Sec. 9. It shall be the duty of the Vestry to take charge of the property 
of the church, to regulate all its temporal concerns, to elect and call a Min- 
ister in accordance with the provisions of Canon 12, and provide for his 
maintenance, to provide for paying all lawful assessments on the Parish, 
to keep order in the church during divine service, and, in general to act as 
helpers to the Minister in whatever is appropriate to laymen, for the fur- 
therance of the Gospel; it being understood, always, that the spiritual con- 
cerns of the church are under the exclusive direction of the Minister in 
subordination to the Ecclesiastical Authority and laws of the District. 

Sec. 10. The order of priority for the presiding officer at Vestry Meet- 
ings shall be the same as is prescribed in Section one of this Canon. 

Sec. 11. It shall be the duty of the Wardens, especially, to provide the 
elements for the Lord's Supper, to collect the alms at the administration 
of the same, to keep and disburse such alms in case the Church is desti- 
tute of a Minister, and while the Church is destitute of a Minister, to pro- 
vide for the holding of public worship, and the instruction of the congre- 
gation, by occasional clerical services, or by lay-reading, as the circum- 
stances may permit. Meetings of the Vestry may be called by the Rector, 
or, in his absence, at the request of a majority of members by the Senior 
Warden. 

Sec. 12. • Vacancies occurring in the Vestry during the year, may be 
filled by the remaining members. If the Vestry should become extinct or 
incapacitated for action by the death or resignation of its members, the 
Bishop may call a special Parish Meeting (giving due notice thereof) to 
elect a Vestry to serve till the second Monday in January next following; 



i 4 CONSTITUTION AND CANONS 

and, if the Parish shall refuse or neglect to assemble and elect a Vestry 
as herein provided, the Bishop, with the advice and consent of the Council 
of Advice, may appoint three Trustees to take charge of the property of 
the Parish, and to exercise all the rights and functions of a Vestry, until 
the Parish shall elect a Vestry under the provisions of this Canon. 

CANON XII. 

OF VACANT PARISHES. 

The filling of vacancies shall be governed in all particulars in ac- 
cordance with the provisions of Canon 15 of the General Convention. 

CANON XIII. 

OF EXTINCT PARISHES. 

Section 1. Whenever, in the opinion of the Bishop, a Parish has failed 
in the purposes of its organization, he may report the case to the Conven- 
tion. 

Sec. 2 Whenever the Bishop and Council of Advice think it advisable 
to call upon the Convention to declare any Parish extinct, before a vote is 
taken, the question, with all the evidence tending to prove or disprove the 
existence of the facts upon which declaration, under the law, must be 
founded, shall be referred to the Committee on Canons, and a report made 
by that Committee, on a day subsequent to the day of reference, recom- 
mending what action should, in the opinion of the Committee, be taken by 
the Convention, accompanied by a written or oral statement of the evidence 
placed before the Committee. And if two-thirds of the members present 
vote in favor of declaring the Parish extinct, said Parish shall become and 
be extinct, and title to all the property shall at once vest in the Trustees 
of the District. 

CANON XIV. 

OF PARISH REGISTERS AND REPORTS. 

Section i. Every Minister of this District shall keep a record of all 
Families, Baptisms, Confirmations, Marriages and Funerals within his cure, 
specifying the name, time, and place of birth, parents and sponsors of each 
person baptized ; the time when persons became communicants under his 
charge, and whether by confirmation, transfer from some other Parish, or 
otherwise. This record shall be kept by the Minister in a suitable book, to 
be called the Parish Register, provided by and belonging to the Vestry of 
the Parish which he serves, which book shall be a part of the records of 
the Parish. 

Sec. 2. Every Minister shall on, or immediately after, the first day of 
January of each year, present or send to the Bishop or to the Secretary of 
the Convention a report of his official acts, and a statement of the condi- 
tion of the Parish or Missions under his charge, according to such form as 
shall be furnished by the Ecclesiastical Authority of the District, covering 
the Year ending December 31 of each year. 



CONSTITUTION AND CANONS 15 

Sec. 3. The report shall include the financial condition of the Parish 
or Mission as furnished by the Treasurer of the Parish or Mission. 

CANON XV. 

OF THE MISSIONARY INTERESTS. 

Section i. The general care and management of the Missionary inter- 
ests of the Church in the District, and the duty of promoting the co-opera- 
tion of our congregations with the General Board of Missions, are en- 
trusted to a Missionary Committee, which shall consist as follows : Ex- 
officio, the Bishop of the District, who, if present, shall preside at all meet- 
ings ; Ex-officio, the Archdeacon or General Missionary, if there be one; 
Ex -officio, the Deans of the Convocations ; Ex-officio, the Treasurer of the 
District, who shall act as Treasurer of the Missionary Committee; by an- 
nual election of Convention, one Clergyman and one Layman from each 
Convocational district ; and such other members as the foregoing members 
shall elect into the Committee. 

Sec. 2. This Committee shall be charged with the appointment of Mis- 
sion Stations and Missionaries ; but no Mission Station shall be established 
nor Missionary appointed except upon the nomination of the Ecclesiastical 
Authority of the District. 

Sec. 3. The Missionary Committee shall meet quarterly at such time 
and place as the Bishop may appoint, or as may be found convenient on 
their own adjournment. Three members, if one of them is a Clergyman, 
shall constitute a quorum. 

Sec. 4. The Missionary Committee shall appoint a Secretary, who, if 
not already a member of the Committee, shall thereby become, ex-officio a 
member. 

Sec. 5. All moneys received for the purposes of the District Missionary 
Committee shall be appropriated under its direction ; but it shall be the 
privilege of contributors to the Missionary cause to designate the particular 
object to which their contribution shall be applied. 

Sec. 6. The Missionary Committee shall make through its Secretary an 
annual report to the Convention of the District, which report shall give a 
statement of the amounts of money expended for District Missions and 
for General Missions, with the methods adopted for raising the amounts 
expended. 

CANON XVI. 

OF MISSION STATIONS. 

Section 1. A Mission Station, when adopted by the Ecclesiastical Au- 
thority and Missionary Committee, shall be duly organized by the appoint- 
ment of a Missionary, who, with the consent and by the authority of the 
Committee shall appoint a Warden, a Clerk, and a Treasurer of the Mis- 
sion, charged with its temporal interests, which officers shall be reported 
by the Missionary-in-charge to the Missionary Committee at its first meet- 



16 CONSTITUTION AND CANONS 

ing after the appointment, and the organization of the Mission shall date 
therefrom. 

Sec. 2. Application for organization shall be made in the first instance 
to the Bishop in the following form : 

Rt. Rev. and Dear Sir : — We, the undersigned, residents of , 

county of , District of Asheville, having built or secured a 

place of worship, and being desirous of obtaining the services of the Prot- 
estant Episcopal Church, and being ready, according to our ability, to sus- 
tain the same, do hereby request you to inquire into our estate, and pro- 
vide for us as you may deem proper and expedient. We do hereby de- 
clare ourselves, individually and collectively, ready to do what in us lies to 
establish and sustain the regular worship of the said Church, and promote 
its influence in our neighborhood; and we promise conformity to its doc- 
trines, discipline, liturgy, rites, and usages. We put ourselves under your 
charge, and will reverently obey your authority. We promise conformity 
to the Constitution and Canons of the General Convention, and of the Dis- 
trict of Asheville. In accordance with these obligations, we now ask the 
privilege of being organized as a Mission, under the name of ." 

Sec. 3. All property of a Mission Station shall be vested in the Board 
of Trustees of the District. 

Sec. 4. It shall be the duty of every Mission duly organized and of 
every Parish, which is aided by the Missionary Committee, to pledge and 
to pay an annual sum, satisfactory to the Committee, into its treasury in 
quarterly payments. 

CANON XVII. 

OF CONVOCATIONS. 

Section i. The District shall be divided by the Bishop into Convoca- 
tions, not more than three in number, and the Clergy within the several 
Convocations with Laymen appointed by the Rectors and Ministers-in- 
charge from their Parishes and Missions, shall meet at such time and place 
as each Convocation may determine, or at the call of the Bishop or Dean 
of the Convocation. 

Sec. 2. The officers of Convocation shall be Dean, Secretary, and Treas- 
urer, which shall be elected annually by the Convocation ; the Dean shall be 
qualified for office when his appointment is approved by the Bishop. 

Sec. 3. The Dean shall preside at all meetings of the Convocation, and 
shall superintend so much of the work of Convocation as the Bishop may 
commit to his charge. 

Sec. 4. The objects of Convocation shall be: To devise plans for the 
extension of the Church within the limits of the Convocation ; to afford an 
opportunity for the Clergy to come together for conference ; to hold public 
services with discussions of religious topics of general interest. 

Sec. 5. Each Convocation shall make an annual report, through its 
Dean, to the Convention. 



CONSTITUTION AND CANONS 17 

CANON XVIII. 

OF THE EDUCATION COMMITTEE. 

Section i. There shall be appointed by the Bishop, at each annual Con- 
vention of the District, a committee, consisting of five members, three 
Clerical and two Lay, who shall be called the Education Committee, of 
which committee the Bishop of the District and the Archdeacon shall ex- 
ofhcio, be members. 

Sec. 2. The Education Committee shall be charged with the appoint- 
ment and regulation of beneficiaries of its funds; with the collection and 
appropriation of funds for educational purposes ; with the appointment of 
- teachers in the Mission Schools of the District, and with the general super- 
vision of. such schools ; and with all other business belonging thereto. 

Sec. 3. It shall be the privilege of contributors to the Education cause 
to designate the particular object to which their contributions shall be ap- 
plied ; otherwise all contributions for education shall be at the disposal of 
the Committee. 

Sec. 4. The Committee shall elect its own Secretary, who, if he be not 
a member of the Committee, shall thereby become a member. The Treas- 
urer of the District shall act as Treasurer of the Committee. The Bishop 
shall call, and preside at, all meetings of the Committee. 

Sec. 5. A report shall be made annually by the Committee, through its 
Secretary, to the Convention of the District. 

CANON XIX. 

OF LAY READERS. 

No one shall be considered as authorized to officiate as Lay Reader in 
this District, except in case of particular emergency, without a written 
license from the Ecclesiastical Authority of the District, and Lay Readers 
shall in all cases conform to the provisions of Canon 23 of the General 
Convention. 

CANON XX. 

OF THE TRIAL OF A PRESBYTER OR DEACON. 

Section i. Whenever any Presbyter or Deacon of the District shall be 
thought to be guilty of any misconduct, for which, according to Canon 23, 
of the General Convention, he is liable to be tried, application may be made 
in writing with the name of everyone engaged in the application subscribed, 
to the Council of Advice, and, if it appear to them that the evidence is suf- 
ficient to demand a trial, they shall forthwith present the Clergyman to the 
Bishop, accordingly; the presentment shall be made in writing, signed by a 
majority of the Council of Advice, and specifying with as much accuracy 
as possible, the offence or offences, with particulars of time, place and cir- 
cumstances ; and every Clergyman in this District, may, for himself, re- 
quest of the Council of Advice, the inquiry provided for in this section, in 



18 CONSTITUTION AND CANONS 

which case it shall be instituted, and shall proceed according to the provis- 
ions of this Canon. 

Sec. 2. There shall be elected triennially, by ballot, by the Convention, 
from the Presbyters entitled to seats, not members of the Council of Ad- 
vice, five, who shall be a Court for the trial of Presbyters or Deacons. No 
ballot shall have more than three names thereon, and the five having the 
largest number of votes shall be the Court. Vacancies may be filled by the 
Council of Advice, subject to the approval of the next Convention, by a 
vote of three-fourths of the members present. The member of the Court 
of longest continuous canonical residence in the District shall be its Pres- 
ident. 

Sec. 3. Said members of said Court chosen as aforesaid, shall, for each 
and every trial and case that may be brought before them, appoint some 
person learned in law who is a communicant of this Church and a citizen 
of North Carolina, their legal adviser, who shall sit with them on such 
trial or case, and shall advise said Court upon all questions of law, both 
civil and ecclesiastical, and as to all rules and forms of procedure. Said 
legal adviser may preside at the request of the Court, or the Court may at 
its option elect any one of its members to preside during the trial. Before 
entering upon the trial of any Minister who shall have been duly presented 
for trial under this Canon, or pending any such trial, and with the ap- 
proval, in all cases, of the Bishop of the District, said Court shall be au- 
thorized as a Court of Conciliation, to adjust and dispose of the matter so 
presented amicably, and without any public trial, in case, in their judgment, 
it shall be advisible to do so, and with the approval of the Bishop, as 
aforesaid. And in case of such amicable adjustment, a certificate thereof, 
signed by the President of the Court, and approved by the Bishop, shall be 
sent to the Council of Advice. 

Sec. 4. A written notice of the time apd place of the first meeting of 
the Court for any trial, with a copy of the presentment, shall be served at 
least thirty days before such meeting, on the accused; and also notice of 
the time and place of meeting on the Council of Advice; who, by their 
President, or one of their members whom they may appoint for the pur- 
pose, shall prosecute the case, and present such oral or documentary evi- 
dence to substantiate the accusation, as they may be able to obtain. 

Sec. 5. If, at the time of first meeting of the Court, the whole number 
be not present, then those present may adjourn from time to time; and if it 
shall appear that the whole number will attend within a reasonable time, 
those who do attend, being not fewer than three, shall proceed to trial and 
a majority shall decide all questions; but a majority of the whole Court 
shall be required to render final judgment. 

Sec. 6. If a clergyman shall, before the Court meets, confess the truth 
of the facts of which he is accused, the Bishop may immediately proceed 
to pass sentence ; otherwise the accused shall be considered as pleading not 
guilty. 



CONSTITUTION AND CANONS 19 

Sec. 7. In case a Clergyman presented and notified as above directed 
shall not appear before the Court appointed for his trial, the Court may 
proceed as if he were present; unless they shall see fit to adjourn till an- 
other day. And if the accused shall neglect or refuse to appear before the 
Court, after due presentment and notification, and no sufficient reason for 
such neglect or refusal be given, the Court shall report him to the Bishop 
for contumacy, and sentence of suspension from the Ministry shall pass 
against him accordingly; but the sentence may be reversed by the Bishop, 
if, within three calendar months, the accused shall tender himself ready, 
and accordingly appear and receive his trial ; but, if he shall not so tender 
himself, the Bishop, in view of the acts alleged in the presentment, shall 
proceed, if he thinks proper, to pronounce sentence of degradation from 
the Ministry. 

Sec. 8. The Court shall choose a Secretary, who shall be from their 
own number, or otherwise, as they determine, and before proceeding to 
trial, they shall adopt and declare the rules by which the trial shall be con- 
ducted ; provided, however, that both parties may employ and be repre- 
sented in such trial by counsel, not exceeding two for each, who shall be 
communicants of this Church, and citizens of North Carolina. 

Sec. 9. When the Court proceed to, trial, they shall hear such evidence 
as may be produced ; and all oral evidence shall be reduced to writing by 
the Secretary and signed by the witnesses respectively; and some officer, 
authorized by the law to administer oaths, may, at the desire of either 
party, be requested to administer an oath or affirmation to the witnesses ; 
and the examination of witnesses and all the proceedings of the trial shall 
be in public, if desired by the accused. 

Sec. 10. Any Presbyter who shall, without sufficient excuse, refuse or 
neglect to act as Trier or Church Advocate, or any clerical or lay com- 
municant who shall, without sufficient excuse, refuse or neglect to testify 
as a witness when duly appointed or summoned, under the Canon, shall be 
regarded and may be dealt with as any other violator of the laws of the 
Church. 

Sec. 11. Application being made to the Bishop by either party setting 
forth, satisfactorily, that any material witness cannot be procured upon the 
trial, the Bishop may appoint some clergyman or layman to act as a Com- 
missioner to take the testimony of such witness ; and the party applying as 
above shall give to the other party at least five days' notice of the time and 
place of the taking the testimony ; or such longer notice as the Bishop may, 
in writing, direct. And both parties may attend and examine the witness, 
and the questions and answers shall all be reduced to writing, and signed 
by the witness, and shall be certified by the Commissioner, and enclosed 
under his seal, and transmitted to the Court, and received by them as evi- 
dence. A witness examined before such a Commissioner may be sworn or 
affirmed in manner aforesaid. 



20 CONSTITUTION AND CANONS 

Sec. 12. The Court, after considering the evidence, shall declare, in a 
writing signed by them, or a majority of them, their decision on the 
charges contained in the presentment, distinctly stating whether they find 
the accused guilty or not guilty of such charges, respectively; which deci- 
sion, together with the evidence and an attested record of all the proceed- 
ings, shall be delivered to the Bishop, accompanied with an opinion of the 
Court as to what sentence should be pronounced; whereupon the Bishop 
shall pronounce such sentence as shall appear to him to be proper ; pro- 
vided the same do not exceed in severity the sentence recommended by 
the Court, and such sentence shall be final. But the Bishop, if satisfied 
that justice require it, may give a new trial to the accused, in which case 
the proceedings shall be conducted as before provided. 

Sec. 13. If the Bishop of the District be connected by consanguinity or 
affinity with the party accused, he may request some other Bishop, from 
one of the adjoining dioceses, who is not connected by consanguinity or 
affinity with the party accused, to express his judgment on the decision of 
the Court, to which judgment the Bishop of the District shall conform in 
passing sentence or granting a new trial. And if the District be vacant, 
the members of the Council of Advice shall request the services of such 
Bishop as they may find most convenient, for the performance of all such 
acts as are, by this Canon, required to be done by the Bishop of the Dis- 
trict. 

CANON XXI. 

OF THE DISSOLUTION OF THE PASTORAL RELATIONS. 

All differences between Ministers and their congregations shall be de- 
termined according to the provisions of Canon 39 of the General Con- 
vention. 

CANON XXII. 

OF REGULATIONS RESPECTING THE LAITY. 

All regulations respecting the removal and repulsion of communicants 
shall be in accordance with the provisions of Canon 39 of the General 
Convention. 

CANON XXIII. 

OF THE SUSPENSION OF A PARISH. 

Section i. Among the causes for which a Parish may be dealt with un- 
der Article XI of the Constitution, are the following: 

1. Employing a Clergyman under Ecclesiastical censure. 

2. Permitting a Church edifice to be used for purposes incompatible 
with its consecration. 

3. A failure to pay reasonable assessments. 

4. A failure to report its true financial condition when called for. 

5. Any persistent course inconsistent with the doctrine, discipline or 
worship of this Church. 



CONSTITUTION AND CANONS 21 

Sec. 2. No Parish shall have its connection with the District wholly 
dissolved under Article XI of the Constitution, until the alleged delin- 
quency shall have been carefully investigated by a committee of Laymen, 
after due notice to the Parish. The action of the Convention shall be upon 
the report of such committee. 

CANON XXIV. 

OF THE SOLEMNIZATION OF MATRIMONY. 

In the solemnization of matrimony, ministers shall be governed by the 
provisions of Canon 40 of the General Convention. 

CANON XXV. 

OF THE CHURCH PENSION FUND. 

Section i. In conformity with the legislation adopted by the General 
Convention of 1913, setting forth the principles upon which a pension sys- 
tem for the Clergy of the Church and their dependents should be con- 
structed, pursuant to which the corporation, The Church Pension Fund, 
has been created to carry these principles into effect, the Missionary Dis- 
trict of Asheville adopts the system of the Church Pension Fund. 

Sec. 2. The Bishop shall appoint, annually, a committee on the Church 
Pension Fund, to consist of two clergymen and three laymen. The duties 
of the committee shall be as follows : 

1. To furnish annually to the Church Pension Fund a list of the 
clergy canonically resident in this District, and of the clergy canonically 
resident in other Dioceses or Missionary Districts licensed to officiate in 
this District, with a statement of the stipends received by each of said 
clergymen from any Parish or Mission in this District or other organiza- 
tion in this District which either is subject to this Convention, or being 
engaged in religious or charitable work as a Church institution elects to 
come into the Church Pension Fund. 

2. To receive from the Church Pension Fund annually a statement of 
the premiums necessary to be paid by each of said Parishes, Missions, or 
other organizations in order that the clergymen in receipt of stipends from 
them may be entitled respectively to pensions. 

3. To inform the authorities of each of the said Parishes, Missions 
and other organizations of the premiums payable by them, and of the time 
and manner of payment thereof. 

4. To elect a Treasurer who may or may not be a member of the said 
committee, who shall be required to give a bond satisfactory to the com- 
mittee, and whose duty it shall be to receive from all of the said Parishes, 
Missions and other organizations, the aforesaid premiums and to transmit 
the same to the Treasurer of the Church Pension Fund. 

5. To inform the Church Pension Fund from time to time of the clergy 



22 CONSTITUTION AND CANONS 

and the widows and minor orphans of clergy, who may be entitled in re- 
spect of this District to receive pensions from the Church Pension Fund. 

6. In general, to inform the clergy and laity of the District of the 
pension system created by the General Convention, and committed by it to 
the operation of the Church Pension Fund, whereby the clergy of the 
Church are assured of pensions, as of right to themselves in the event of 
old age, or disability, and in the event of death, to their widows and minor 
orphans, and to do all things that may be necessary or advisable in the 
premises to the end that the moneys necessary to be paid by the Parishes, 
Missions, and other ecclesiastical organizations may be fully and system- 
atically paid. 

Sec. 3. (1) It shall be the duty of the Trustees of the Episcopal Fund 
of the Diocese to pay to the Committee on the Church Pension Fund the 
premiums payable on behalf of the Bishop of the Diocese, and also of ihe 
Coadjutor Bishop and the Bishops Suffragan, if there be such. 

(2) It shall also be the duty of the Board of Managers of the Dio- 
cesan Missionary and Church Extension Society to pay to the Committee 
on the Church Pension Fund the premiums payable on account of all sti- 
pends received by the clergymen from said Board. 

(3) It shall be the duty of the Committee on Diocesan Finances to 
authorize the Treasurer of the Convention to pay, annually to the said 
Committee on the Church Pension Fund, the premiums payable on account 
of all stipends paid by the District to clergymen other than those specified 
in the two preceding clauses, and to make all necessary arrangements to 
provide for the cost of such premiums. 

Sec. 4. It shall be the duty of every clergyman as aforesaid receiv- 
ing a stipend or stipends, and the duty of every Parish, Mission or other 
organization as aforesaid paying a stipend or stipends, to furnish a state- 
ment of such stipend or stipends to the Committee on the Church Pension 
Fund whenever said Committee shall, in writing, ask for such statement. 

CANON XXVI. 

OF ALTERATIONS IN THE CANONS. 

Section i. No proposition to alter or add to the Canons of the District, 
shall be considered by the Convention, except at a stated meeting and after 
one day's notice of the proposed alteration, given in open Convention ; nor 
(unless by unanimous consent) until it shall have been reported on by the 
Committee on Canons of the District. 

Sec. 2. No alteration or amendment of these Canons shall be made 
without the approbation of the Bishop of the District, nor until the altera- 
tion or amendment has been submitted to the House of Bishops and has 
received the approbation thereof. 



CONSTITUTION AND CANONS 23 

CANONS OF THE GENERAL CONVENTION REFERRED TO IN 
THE CANONS OF THE DISTRICT OF ASHEVILLE. 

CANON XIV. § IV [ii.] 
Every Missionary Bishop shall appoint annually a Council of Advice, to 
be composed of not less than two nor more than four Presbyters, and an 
equal number of laymen, communicants of this Church, resident within his 
Missionary District, who shall perform the duties of a standing Com- 
mittee for such District, except in so far as these Canons otherwise pro- 
vide, and who shall continue in office until their successors are appointed, 
and shall, so far as the circumstances of the District permit, be governed 
by the Constitution and Canons that have been adopted for such District. 

CANON XV. 

OF THE FILLING OF VACANT CURES. 

§ I. When a Parish or Congregation becomes vacant, the Church 
Wardens or other proper officers, shall notify the fact to the Bishop. If 
the authorities of the Parish shall for thirty days have failed to make pro- 
vision for the services, it shall be the duty of the Bishop to take such meas- 
ures as he may deem expedient for the temporary maintenance of Divine 
services therein. 

§ 11. No election of a Rector shall be had until the name of the Clergy- 
man whom it is proposed to elect has been made known to the Bishop, if 
there be one, and sufficient time, not exceeding thirty days, has been given 
to him to communicate with the Vestry thereon. 

§ in. Written notice of the election, signed by the Church Wardens, 
shall be sent to the Ecclesiastical Authority of the Diocese. If the Eccles- 
iastical Authority be satisfied that the person so chosen is a duly qualified 
Minister, and that he has accepted the office, the notice shall be sent to the 
Secretary of the Convention, who shall record it. And such record shall 
be sufficient evidence of the relation between the Minister and the Parish. 

§ iv. A Minister is settler! for all purposes here or elsewhere mentioned 
in these* Canons, who has been engaged permanently by any Parish accord- 
ing to the rules of this Diocese, or for any term not less than one year. 

CANON XXIII. 

OF LAY LEADERS. 

§ 1. A competent person ready and desirous to serve the Church in the 
public services statedly as a Lay Reader, must procure from the Bishop or 
Ecclesiastical Authority of the Diocese or Missionary District a written 
license. Such license shall not be granted to any but a male communicant 
of this Church, and must be given for a definite period, not longer than one 
year, but may be renewed from time to time, or revoked at any time. Such 
license may be given for any vacant Parish or Mission, or for a congre- 



24 CONSTITUTION AND CANONS 

gation without a minister, but where a Presbyter is in charge, his request 
and recommendation must have been previously signified to~ the Ecclesiasti- 
cal Authority. A license shall not be granted for conducting the service in 
a congregation without a Minister, which is able and has had reasonable 
opportunity to secure the services of an ordained Minister. If the Lay 
Reader be a student in any Theological Seminary, he shall also, before 
acting as such, obtain the permission of the presiding officer of such insti- 
tution and of his own Bishop. 

§ ii. A Lay Reader shall be subject to the regulations prescribed by the 
Ecclesiastical Authority, and shall not serve in any Diocese other than that 
in which he is licensed, unless he shall have received a license from the 
Bishop of the Diocese in which he desires to serve. 

§ in. In all matters relating to the conduct of the service, and to the 
Sermons or Homilies to be read, he shall conform to the direction of the 
Minister in charge of the Parish, congregation, or Mission in which he is 
serving, and, in all cases, to the directions of the Bishop. He shall read 
only the Morning and Evening Prayer (omitting the Absolution), the Lit- 
any, and the office for the Burial of the dead. He shall not deliver sermons 
or addresses of his own composition, unless, after instruction and exam- 
ination, he be specially licensed thereto for urgent needs by the Bishop. 
He shall not wear the dress appropriate to Clergymen ministering in the 
congregation. 

CANON XXXIX. 

OF THE DISSOLUTION OF THE PASTORAL RELATIONS. 

§ i. A Rector may not resign his Parish without the consent of said 
Parish, or its Vestry, or its Trustees, whichever may be authorized to act 
in the premises, nor may any Rector or Minister canonically or lawfully 
elected and in charge of any Parish be removed therefrom by said Parish, 
Vestry, or Trustees, against his will, except as hereinafter provided. 

§ ii. If for any urgent reason a Rector or Minister as aforesaid, or the 
Parish committed to his charge, its Vestry or Trustee, shall desire a sep- 
aration and dissolution of the pastoral relation, and the parties be not 
agreed respecting such separation and dissolution, notice in writing may be 
given by either party to the Ecclesiastical Authority of the Diocese or Mis- 
sionary District. The Bishop, in case the difference be not settled by his 
godly judgment, or if he decline to consider the case without counsel, may 
ask the advice and consent of the Standing Committee of the Diocese or 
of the Council of Advice of the Missionary District, and, proceeding with 
its aid and counsel, shall be the ultimate arbiter and judge. If the Diocese 
or Missionary District be vacant, the Ecclesiastical Authority shall select a 
Bishop of an adjacent Diocese or Missionary District to act as the Bishop, 
and with like force and effect. The judgment shall be either that the pas- 
toral relation between the parties shall cease and determine at a time and 
upon terms therein specified, or that the said relation shall not be termi- 



CONSTITUTION AND CANONS 25 

nated ; and it shall be the duty of both parties to submit to and abide by- 
such judgment. In the event of either party refusing to abide by such 
judgment, the penalty for such refusal and the further proceedings in the 
case shall be those provided by the Constitution and Canons of the Dio- 
cese or Missionary District in which such Parish is situated. 

§ in In case of the regular and canonical dissolution of the connection 
between a Rector or Minister and his Parish, under this Canon, the Ec- 
clesiastical Authority shall direct the Secretary of the Convention to record 
the same. 

§ iv. This Canon shall not apply in any Diocese or Missionary District 
which has made, or shall hereafter make, provision by Canon upon this 
subject, nor in contravention of any right of any Rector, Minister, Parish, 
Congregation or Vestry under the law of the Civil Authority. 

CANON XL. 

OF THE SOLEMNIZATION OF MATRIMONY. 

§1. Ministers of this Church shall be careful to secure the observance 
of the law of the State governing the civil contract of marriage in the 
place where the service shall be performed. 

§ 11. [i] No Minister shall solemnize a marriage except in the presence 
of at least two witnesses. 

[ii] Every Minister shall without delay formally record in the proper 
register the name, age, and residence of each party. Such record shall be 
signed by the Minister who solemnizes the marriage, and, if practicable, by 
the married parties, and by at least two witnesses of the marriage. 

[iii] No Minister, knowingly after due inquiry, shall solemnize the 
marriage of any person who has been or is the husband or wife of any 
other person then living, from whom he or she has been divorced for any 
cause arising after marriage. But this Cannon shall not be held to apply to 
the innocent party in a divorce for adultery ; Provided, that before the ap- 
plication for such re-marriage a period of not less than one year shall have 
elapsed, after the granting of such divorce; and that satisfactory evidence 
touching the facts in the case, including a copy of the Court's Decree, and 
Record, if practicable, with proof that the defendant was personally served 
or appeared in the action, be laid before the Ecclesiastical Authority, and 
such Ecclesiastical Authority, having taken legal advice thereon, shall have 
declared in writing that in his judgment the case of the applicant conforms 
to the requirements of this Canon ; and Provided, further, that it shall be 
within the discretion of any Minister to decline to solemnize any marriage. 

§ in. If any Minister of this Church shall have reasonable cause to 
doubt whether a person desirious of being admittd to Holy Baptism, or to 
Confirmation, or to the Holy Communion, has been married otherwise than 
as the Word of God and discipline of this Church allow, such Minister, be- 
fore receiving such person to these ordinances, shall refer the case to the 



26 CONSTITUTION AND CANONS 

Bishop for his godly judgment thereupon; Provided, however, That no 
Minister shall in any case refuse these ordinances to a penitent person in 
imminent danger of death. 

CANON XLI. 

OF REGULATIONS RESPECTING THE LAITY. 

8 i. [i] A communicant in good standing, removing from one Parish 
or Congregation to another, shall be entitled to receive and shall procure 
from the Rector or Minister of the Parish or Congregation of his or her 
last residence, or, if there be no Rector or Minister, from one of the War- 
dens, a certificate stating that he or she is duly registered or enrolled as a 
communicant in the Parish or Congregation from which he or she desires 
to be transferred, and the Rector or Minister or Warden of the Parish 
or Congregation to which such communicant may remove shall enroll him 
or her as a communicant when such certificate is presented, or, on failure 
to produce such certificate through no fault of such communicant, upon 
other evidence of his or her being such a communicant, sufficient in the 
judgment of said Rector or Minister. Notice of such enrollment in such 
Parish or Congregation to which such communicant shall have removed, 
shall be sent by the Rector or Minister thereof to the Rector of the Parish 
from which the communicant is removed. 

§ ii. When a person to whom the sacraments of the Church have been 
refused, or who has been repelled from the Holy Communion under the 
Rubrics, shall lodge a complaint with the Bishop, it shall be the duty of the 
Bishop, unless he see fit to require the person to be admitted or restored 
because of the insufficiency of the cause assigned by the Minister, to insti- 
tute such an inquiry as may be directed by the Canons of the Diocese or 
Missionary District, and shall proceed according to such principles of law 
and equity as will insure an impartial decision, but no Minister of this 
Church shall be required to admit to the Sacraments a person so refused 
or repelled, without the written direction of the Bishop. 

The Sacraments shall not be refused in any case to a penitent person at 
the point to die. 



2>tetrict of Hsbeville 



IRules of ©rfcer 



Rule I. — The order of proceedings shall be as follows : 

FIRST DAY. 
(i.) The Convention shall meet at 9 o'clock, a. m., for Morning Prayer 
and organization. 

(2.) The Secretary of the preceding Convention, if present — if not, 
some other person appointed by the Chair — shall call the names of Clergy 
entitled to seats (Const, Art. II) and enter on the minutes the names of 
those present. 

(3.) The Secretary shall call the names of Lay Delegates as entered 
upon the list provided for by Canon 2 of the Canons of the District, sub- 
ject to such corrections as may be based on the list of delinquent parishes 
to be sent by the Treasurer of the District to the Secretary on the day be- 
fore the meeting of the Convention, and shall enter on the minutes the 
names of those present, after which the President shall declare the Conven- 
tion organized for business. 

(4.) The President shall appoint a Committee on Credentials, consist- 
ing of one Clergyman and two Laymen, to receive, examine and report 
upon the Credentials of Lay Delegates, and to revise the Secretary's list of 
the same. And the Treasurer of the District shall report to such Commit- 
tee a list of the Parishes which are in arrears for Diocesan assessments, 
and no Delegate shall be reported by such Committee as entitled to a seat 
in the Convention from any Parish reported by such Treasurer as in ar- 
rears, until such Treasurer shall have made further report to such Com- 
mittee that such Parish is no longer in arrears. In case the alternate Dele- 
gates claim the right to seats in the Convention, the fact must be made 
known to the Committee on Credentials, who shall report thereon ; and the 
persons reported by that Committee as entitled to seats (not exceeding 
three from each Parish), whether regulars or alternates, shall, if the Con- 
vention approve such report, be entered upon the roll of the Secretary as 
properly accredited Delegates. 

(5.) At 10:30 a. m., a recess shall be taken for the celebration of the 
Holy Communion, at which time the Annual Address of the Bishop shall 
be delivered. 

(6.) The Committee on Credentials shall next report on the application 
(if any) of new Parishes for admission to the Convention (Canon 10 of 



28 CONSTITUTION AND CANONS 

the District) ; and when received, the Secretary shall call and enter on the 
minutes the names of the Lay Delegates representing ^said Parishes. 

(7) The election by ballot of a Secretary, who shall have power to ap- 
point an Assistant. 

(8) Appointment by the President of a Committee on Unfinished 
Business, consisting of one Clegryman and one Layman. 

(9) Appointments by the President to fill any vacancies existing in 
the Committee on Canons, or in the Committee on Finance, appointed by 
the preceding Convention. 

(10) Report of Deans of Convocations. 

(11) Report of Archdeacon of the District. 

(12) Reading of the Abstract of Proceedings of the Council of Ad- 
vice of the District. 

(13) Report of the Committee on Unfinished Business. 

(14) Report of Special Committees of last Convention. 

(15) Report of Finance Committee. 

(16) Report of Missionary Committee. 

(17) Report of Education Committee. 

(18) Report of Committee on Canons, on matters referred to it by 
previous Convention. 

(19) Report of Finance Committee on Assessments. 

(20) Report of the Treasurer of the District. 

(21) Election, by ballot, of the Treasurer of the District. 

(22) Report of the Committee on Canons on new business. 

(23) Report of Committee on Sunday-schools. 

(24) Report of Secretary of the Board of Trustees of the District. 

(25) Report of Treasurer of the Board of Trustees of the District. 

(26) Motions, resolutions and miscellaneous business. 

(27) A public Missionary meeting for promoting the objects of the 
Missionary and Educational interests of the District. 

SECOND DAY. 

After^Divine Service, the order of business shall be as follows: 

(28) Reading and approving the minutes. 

(29) Supplementary report of the Committee on Credentials. 

(30) Election, by ballot, of — 

i. Missionary Committee. 

ii: Delegates and Provisional Delegates to General Convention tri- 
ennially. 



CONSTITUTION AND CANONS 29 

iii. One Trustee of District. 

iv. Members of the Ecclesiastical Court (triennially). 

v. Trustee for Sewanee. 

vi. Trustee for St. Mary's, 

vii. Registrar of the District (triennially). 

(31) Report of Special Committees of this Convention. 

(32) Appointment by the President of the following District Commit- 
tees, to continue until the close of the next Annual Convention : 

I. A committee on Canons, to consist of two clergymen and two Lay- 
men, to whom shall be referred all matters pertaining to the Constitution 
and Canons, and all questions of ecclesiastical law which may arise during 
the sessions of the Convention. 

II. The Committee on Finance required by Canon IX of the Canons of 
the District. 

III. Other committees required by Canon. 
(34) The disposal of any unfinished business. 

Rule II. — When the President takes the Chair, no member shall con- 
tinue standing, or shall afterwards stand, unless to address the Chair. 

Rule III. — No member shall absent himself from the services of the 
House, unless he have leave, or be unable to attend. 

Rule IV. — Whenever any member is about to speak in debate, or de- 
liver any matter to the Convention, he shall rise from his seat, and with 
due respect, address himself in an audible voice to the President, confining 
himself strictly to the point in debate. 

Rule V. — No member shall speak more than twice in the same debate, 
without leave of the house. 

Rule VI. — While the President is putting any question, the members 
shall continue in their seats, and not hold any private discourse. 

Rule VII. — Every member present shall vote when a question is put, 
unless excused by the Convention ; and, on a vote by orders, the name of 
the Presiding officer shall be called last. 

Rule VIII. — When a question is under consideration, no motion shall 
be made, unless to lay it upon the table, to postpone it indefinitely, to 
postpone it to a certain time, to commit it, to amend it, or to divide it, and 
motions for any of these shall have precedence in the order herein named. 

Rule IX. — A motion to lay on the table shall be decided without debate. 

Rule X. — A motion to adjourn shall always be in order, and, if unqual- 
ified, shall be decided without debate. 

Rule XI. — No motion shall be considered as before the House, unless it 
be seconded, and reduced to writing. 

Rule XII. — A question, being once determined, shall stand as the judg- 



3 o CONSTITUTION AND CANONS 

ment of the Convention, and shall not again be considered during the same 
session ; but a question, being decided, may be reconsidered with the con- 
sent of two-thirds of the members present, on a motion to that purpose by 
one of the majority on the first decision. 

Rule XIII. — All Committees shall be appointed by the President, unless 
otherwise ordered. 

Rule XIV. — The reports of all committees shall be in writing, and shall 
be entered upon the minutes, unless otherwise ordered. If recommending 
or requiring action or expression of opinion by the Convention, they shall 
be accompanied by a resolution or resolutions for its consideration. 

Rule XV. — All questions of order shall be decided by the President, in 
the first instance; but any member may appeal from such decision, and on 
such appeal no member shall speak more than once without leave of the 
Convention. 

Rule XVI. — Clergymen of the Protestant Episcopal Church not entitled 
to seats, and candidates for Holy Orders in this District, shall be admitted 
to the sittings of the Convention, and their names entered on the Journal, 
on reporting themselves to the Secretary, but without the right of taking 
any part in the proceedings. 

Rule XVII. — Before the final adjournment of the Convention, the min- 
utes of the last day's proceedings shall be read, corrected, if necessary, and 
approved. 

Rule XVIII. — The Rules of Order may be suspended by a vote of two- 
thirds of all the members present. 

Rule XIX.— The above shall be the Rules of Order for all future Con- 
ventions of this District, unless altered or rescinded.